Considerant v. . Brisbane.

Summary

The New York Court of Appeals reversed the demurrer, holding that the plaintiff, acting as executive agent of a foreign corporation, may sue in his own name as a trustee of an express trust under § 113 of the Code. The court reasoned that the subscription notes were contracts made with the plaintiff in his representative capacity for the benefit of the corporation, bringing him within the statutory exception. A dissent argued that the contract was with the corporation and the plaintiff lacked standing, but the majority’s view prevailed.